The American Supreme Court

Author: Robert G. McCloskey
Publisher: University of Chicago Press
ISBN: 0226556832
Size: 34.87 MB
Format: PDF, Kindle
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Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.

American Courts Process And Policy

Author: Lawrence Baum
Publisher: Cengage Learning
ISBN: 0495916374
Size: 66.89 MB
Format: PDF, ePub
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The highly respected AMERICAN COURTS: PROCESS AND POLICY, by top Courts scholar Lawrence Baum, provides clear descriptions of the courts and the activities of the various courts. The Seventh Edition explains what courts do, how people within them behave, and how they relate to the rest of the political system. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

American Justice 2016

Author: Lincoln Caplan
Publisher: University of Pennsylvania Press
ISBN: 0812248902
Size: 30.19 MB
Format: PDF
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When the Democrat-appointed Justice Ruth Bader Ginsburg criticized Republican presidential nominee Donald Trump, she triggered concerns about judicial ethics. But the political concerns were even more serious. The Supreme Court is supposed to be what Alexander Hamilton called "the least dangerous" branch of government, because it is the least political. Justices have lifetime appointments to ensure their "complete independence" when deciding cases and controversies. But in the Roberts Court's most contested and important rulings, it has divided along partisan lines for the first time in American history: Republican presidents appointed the conservatives, Democrats appointed the liberals. Justice Ginsburg's criticisms suggested that partisan politics drive the Court's most profound disagreements. Well-respected political science supports that view. Has this partisan turn made the Court less independent and less trustworthy than the nation requires? The term ending in 2016 included more decisions and developments in almost fifty years for analyzing this question. Among them were major cases about abortion rights, the death penalty, immigration, and other wedge issues, as well as the death of Justice Antonin G. Scalia, leaving the Court evenly divided between conservatives and liberals. Legal journalist Lincoln Caplan dissects the recent term, puts it in historical context, and recommends ways to strengthen trust in the Supreme Court as the pinnacle of the American constitutional system.

Judicial Process And Judicial Policymaking

Author: G. Tarr
Publisher: Cengage Learning
ISBN: 1435462394
Size: 55.22 MB
Format: PDF
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An excellent introduction to judicial politics as a method of analysis, JUDICIAL PROCESS AND JUDICIAL POLICYMAKING, Sixth Edition, focuses on policy in the judicial process. Rather than limiting the text to coverage of the U.S. Supreme Court, G. Alan Tarr examines the judiciary as the third branch of government, and weaves four major premises throughout the text: 1) Courts in the United States have always played an important role in governing and that their role has increased in recent decades; 2) Judicial policymaking is a distinctive activity; 3) Courts make policy in a variety of ways; and 4) Courts may be the objects of public policy, as well as creators. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

American Conflicts Law

Author: Robert L. Felix
Publisher:
ISBN: 9781594606526
Size: 20.63 MB
Format: PDF, Mobi
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American Conflicts Law is a comprehensive text designed to be used as a companion to all modern casebooks currently used in courses in Conflict of Laws in United States law schools. The sixth edition of American Conflicts Law continues the tradition of the first five editions in covering all important topics included in the Conflicts course. However, the text has been completely reorganized and shortened to achieve a succinct, but in-depth, treatment of this conceptually difficult subject. The revised and shortened version of the text will better meet the needs of law students for an informative and manageable study aid for the course in Conflict of Laws. Chapter One briefly introduces the subject and traces the historical evolution of Conflicts doctrine in the United States. Chapters Two and Three then establish the foundation for the exploration of conflict-of-laws in the United States by providing background in the modern law of personal jurisdiction and interstate judgment enforcement subjects that provide critical background for understanding choice-of-law theory. Chapter Four introduces students to the choice-of-law systems currently prevailing in the United States, together with critical commentary on each system. Chapter Five rounds out the coverage of choice-of-law systems with a discussion of numerous topics, such as Domicile and Proof of Foreign Law, that are common to all systems. Chapter Six then explores the constitutional limits that exist on state conflict-of-laws doctrine in the United States, with special attention to the Due Process and Full Faith and Credit Clauses of the United States Constitution. Chapter Seven ends the general material with an examination of vertical choice of law, the so-called Erie doctrine that governs the obligations of federal courts to apply state law in diversity and other actions. After this general background material, Chapters Eight through Twelve apply the general principles examined in Chapters One through Seven to particular topics. These chapters include coverage of conflict-of-laws problems in Torts (Chapter Eight), Contracts (Chapter Nine), Property (Chapter Ten), Inheritance (Chapter Eleven), and Domestic Relations (Chapter Twelve). The revised text of the new sixth edition has, of course, been updated to include coverage of all modern developments since the fifth edition. This includes coverage in Chapter Four of the Illinois Supreme Court s decision in Townsend v. Sears Roebuck & Co., 879 N.E.2d 893 (2007) and, in Chapter Seven, the United States Supreme Court s decision under the Erie doctrine of Shady Grove Orthopedic Associates v. Allstate Insurance Co., 130 S. Ct. 1431(2010). The most important and relevant contemporary writing on Conflict of Laws has also been added to the footnotes. The authors believe that the revised sixth edition of American Conflicts Law will provide a useful tool with which to complete the understanding of modern choice-of-law doctrine in United States law schools.

The Health Care Case

Author: Nathaniel Persily
Publisher: Oxford University Press on Demand
ISBN: 0199301050
Size: 43.98 MB
Format: PDF, ePub, Docs
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The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. This volume gathers together reactions to the decision from an ideologically diverse selection of the nation's leading scholars of constitutional, administrative, and health law.

Judicial Process Law Courts And Politics In The United States

Author: David W. Neubauer
Publisher: Cengage Learning
ISBN: 1305506529
Size: 70.30 MB
Format: PDF
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Working within the framework of law and politics, JUDICIAL PROCESS: LAW, COURTS, AND POLITICS IN THE UNITED STATES combines detailed information about the major structures and processes of the American judiciary with an insider’s understanding of the importance of courthouse dynamics. From the organization and procedures of the various courts to the current applications of specific laws, the 7th edition explores the roles and impact of the judicial system. Throughout the text, the authors not only explain what the legal rules are but also explore each rule’s underlying assumptions, history, and goals, providing a complete and balanced look at the role of the judicial system today. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Judging Executive Power

Author: Richard J. Ellis
Publisher: Rowman & Littlefield
ISBN: 0742565149
Size: 73.44 MB
Format: PDF, Mobi
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George W. Bush's presidency has helped accelerate a renewed interest in the legal or formal bases of presidential power. It is now abundantly clear that presidential power is more than the sum of bargaining, character, and rhetoric. Presidential power also inheres in the Constitution or at least assertions of constitutional powers. Judging Executive Power helps to bring the Constitution and the courts back into the study of the American presidency by introducing students to sixteen important Supreme Court cases that have shaped the power of the American presidency. The cases selected include the removal power, executive privilege, executive immunity, and the line-item veto, with particularly emphasis on a president's wartime powers from the Civil War to the War on Terror. Through introductions and postscripts that accompany each case, landmark judicial opinions are placed in their political and historical contexts, enabling students to understand the political forces that frame and the political consequences that follow from legal arguments and judgments.

Storm Center

Author: David M. O'Brien
Publisher: W. W. Norton
ISBN: 9780393603538
Size: 34.17 MB
Format: PDF, Docs
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In an engaging narrative, David M. O'Brien shows how the Supreme Court is a "storm center" of political controversy, where personality, politics, law, and justice come together to help determine the course of public policy and shape American society. The Eleventh Edition features new coverage of events that have dominated the headlines, such as the battle to fill Justice Scalia's seat and the landmark decision for marriage equality in Obergefell v. Hodges, making this the most exciting edition of Storm Center yet.

Criminal Procedure

Author: John Scheb, II
Publisher: Cengage Learning
ISBN: 1285459040
Size: 19.30 MB
Format: PDF, ePub, Docs
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Building on the strengths of prior editions, CRIMINAL PROCEDURE, Seventh Edition, includes updated cases and added real-world examples. This successful and time-tested text couples a classic organization and traditional presentation of case law with cutting-edge coverage of recent trends in law and procedure. The authors’ combined academic and practical legal experience provides students with firsthand insights into the American legal system, while ample pedagogy and uniquely accessible writing make the text very student friendly. Utilizing extensive case material, this book covers the historical background of criminal procedure and includes the latest Supreme Court decisions and other developments in criminal justice today. This is one of two updated splits of the combined CRIMINAL LAW AND PROCEDURE, Eighth Edition (c. 2014), by the same authors. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.